Short answer

Under Florida law, probate is normally opened where the decedent was domiciled (their permanent home) at the time of death. If your parent died outside Florida and was not domiciled in Florida, you generally would not open a full Florida probate. However, if your parent owned real property or other assets located in Florida, you may need an ancillary probate or other Florida filings to transfer those Florida assets. Florida also provides summary (short-form) procedures for small Florida estates. See Florida’s probate rules at the online statutes below for more detail.

How Florida decides where probate should be opened

Two basic principles govern where probate is opened:

• Domicile controls the main (primary) probate. Courts in the decedent’s domicile (their legal home) generally handle the main administration of the estate, including applying the will, appointing a personal representative, and overseeing distribution of most assets.
• Location of the property controls ancillary probate. If the decedent owned property located in Florida but was domiciled elsewhere, you may need an ancillary (secondary) probate in Florida to clear title or transfer Florida real estate, vessels, or other Florida-situs assets.

“Domicile” focuses on where the person intended to make a permanent home. Courts look at facts such as the decedent’s primary residence, where they voted, driver’s license, tax filings, location of banker and physician relationships, and statements of intent.

Common scenarios and what to do (hypothetical examples)

• Parent died in Virginia but was legally living (domiciled) in North Carolina: Under Florida law you would normally open probate in North Carolina (the decedent’s domicile). If the estate includes real estate or other assets located in Florida, you would likely open an ancillary probate in Florida to handle only those Florida assets.
• Parent died while visiting Florida but was domiciled elsewhere: The main probate remains in the domiciliary state; Florida probate is only needed for Florida-situs assets.
• Parent had a Florida house titled in their name: Even if domiciled out of state, Florida real property typically requires a Florida ancillary proceeding (or other process) to transfer title to heirs or beneficiaries.
• Small Florida assets only (low value): Florida provides summary administration for qualifying small estates. If the Florida assets subject to administration fall below the statutory threshold, you may be able to use the faster summary procedure rather than a full ancillary administration. See Florida Statutes, Chapter 735 (summary administration): https://www.flsenate.gov/Laws/Statutes/2024/Chapter735

Practical steps to take now

1. Locate the will (if any) and read it for the named personal representative and any transfer instructions.
2. Determine the decedent’s domicile at death (look at their last permanent address, driver’s license, voter registration, tax returns, and where they intended to live).
3. Inventory assets and note the situs (where each asset is located). Flag any Florida real estate, Florida bank accounts, vehicles titled in Florida, or Florida-registered vessels.
4. Contact the personal representative named in the will, or a lawyer in the decedent’s domicile, to open the main probate if required.
5. If there are Florida assets, consult a Florida probate attorney about whether ancillary probate or summary administration in Florida is required to clear title or transfer those assets.
6. Obtain multiple certified copies of the death certificate; many courts and institutions require certified copies for filings and account changes.

Key Florida statutes and rules to review

• Florida probate and administration rules: Chapter 733 (administration of estates): https://www.flsenate.gov/Laws/Statutes/2024/Chapter733
• Summary administration (short form) procedures: Chapter 735: https://www.flsenate.gov/Laws/Statutes/2024/Chapter735
• Intestate succession and special property rules (including homestead issues): Chapter 732: https://www.flsenate.gov/Laws/Statutes/2024/Chapter732

When Florida probate is required (quick checklist)

• The decedent owned Florida real property in their name alone.
• There are Florida bank or brokerage accounts titled solely in the decedent’s name without a payable-on-death or beneficiary designation.
• Vehicles or vessels titled/registered in Florida need retitling.
• The estate needs a Florida court order to clear title, sell Florida property, or settle claims involving Florida-situs assets.

Costs, timing, and alternatives

Ancillary probate usually costs less than a full primary administration because it deals only with assets in that state, but costs vary. Summary administration (if available) can be significantly faster and cheaper. Many beneficiary-designated assets (retirement accounts, life insurance payable to a named beneficiary) pass outside probate, so check beneficiary designations before starting proceedings.

Helpful hints

• Gather the death certificate and multiple certified copies early.
• Search property records where the decedent owned real estate to confirm title status and liens.
• Check beneficiary designations and joint-title accounts before initiating probate — these may avoid probate for certain assets.
• If Florida property is involved, consult a Florida probate attorney even if the main probate will be in another state.
• If the estate is small in Florida, ask about summary administration under Florida Statutes, Chapter 735 (possible faster handling): https://www.flsenate.gov/Laws/Statutes/2024/Chapter735
• Keep careful records of where assets are located and any steps taken to transfer them — this helps both the primary and any ancillary proceedings.